Title 9, MUNICIPAL GOVERNMENT

Fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election may petition for a special election as to the exercise of any of the powers referred to in § 9-35-12 . Source: SL 1970, ch 65 , § 2; SL 1988, ch 63 , …

The petition shall set forth the question or questions which the petitioners desire submitted to the voters, and shall be filed with the city auditor. The form of such petition and the conduct of the election shall be carried on in the manner set forth by chapter 9-20 . Source: S…

Municipalities providing bus or transit service under the provisions of §§ 9-35-12 to 9-35-14 , inclusive, shall take all reasonable measures to abate and prevent air pollution caused by the operation of such bus or transit service. Source: SL 1970, ch 65 , § 4.

"Community antenna television system," hereinafter referred to as "CATV system" or "system" means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off - the - air and…

CATV systems are hereby declared to be a business affected with such a public interest that they must be regulated locally. Source: SL 1972, ch 52 , § 2.

Notwithstanding the provisions of § 9-35-3 , all municipalities shall have exclusive jurisdiction by ordinance to regulate, prohibit, and consent to the construction, installation, operation, and maintenance of CATV systems within their corporate limits. Source: SL 1972, ch 52 , …

All municipalities may require every person offering a CATV system to furnish any person applying therefor along lines of its wires, cables, or other conduits, with such service and may require performance bonds or expiration dates contingent upon construction or commencement of …

Every first or second class municipality shall have power to permit, regulate, or prohibit the constructing or laying of tracks of any street railway in any street, alley, or public place; but such permission shall not be for a longer time than twenty years, and any contract in p…

All municipalities may prescribe reasonable quality standards for CATV systems and regulate and fix reasonable and compensatory rents or rates for such system, including installation charges. Source: SL 1972, ch 52 , § 3.

Municipalities may require the filing with the municipality by the person constructing, installing, operating, or maintaining a CATV system of a proper map showing the exact location of all underground cables and equipment, together with a statement showing the exact nature of th…

Municipalities may, by appropriate ordinance, levy an annual occupational tax against any person now maintaining and operating any CATV system within its boundaries; and may levy an annual occupation tax against any person hereafter constructing, installing, operating, or maintai…

All ordinances, permits, rights, or authorities heretofore adopted granting the right to install and to operate a CATV system, whether or not an election was held thereon, are hereby validated. Source: SL 1972, ch 52 , § 6.

All municipalities which have never granted a franchise for cable television prior to July 1, 1988, may construct, maintain, and lease to others for operations community antenna television systems as defined in § 9-35-16 ; may issue revenue bonds pursuant to the provisions of cha…

Terms used in §§ 9-35-25 to 9-35-27 , inclusive, mean: (1) "Cable operator," any person who provides cable service over a cable system; (2) "Cable service," the one-way transmission to subscribers of video programming or other programming service and the subscriber interaction, i…

A franchising authority may require a franchise of any cable operator for the operation of a cable system within its jurisdiction. The exercise of such authority shall be pursuant to an ordinance detailing the basic requirements for a franchise and the terms and conditions for an…

A franchising authority may grant one or more additional franchises to other cable operators under terms that are not substantially more favorable than that which the cable operator designated by § 9-35-26 is required to meet. The terms that may not be substantially more favorabl…

The governing body may not grant a franchise to any public utility authorizing it to occupy any of the streets, alleys, or public places of the municipality without submitting the proposition of issuing such franchise to a vote of the voters thereof at a general or special electi…

Before submitting such proposition the governing body shall first approve the proposed franchise by an ordinance duly adopted and published incorporating the proposed franchise in full and providing for submission of such proposition at an election to be held not sooner than thir…

No such franchise or franchise ordinance shall be effective, except as otherwise specifically provided, unless the proposal to grant the same be approved at such election by a majority vote of the voters of such municipality voting thereon. Source: SL 1913, ch 119 , § 53, subdiv …

Unless otherwise specifically provided, no franchise shall be granted for a longer period than twenty years. Source: SL 1890, ch 37 , art V, § 1, subdiv 24; RPolC 1903, § 1229, subdiv 24; SL 1903, ch 221 ; SL 1907, ch 92 , § 1; SL 1913, ch 119 , § 53, subdiv 24; SL 1913, ch 119 ,…

Every municipality shall have power to extend any street, alley, or highway over, under, or across, or to construct any sewer, water pipe, or main under or through any railroad track, right - of - way, or land of any railroad company within the corporate limits, but where no comp…

Every municipality shall have power to require railroad companies to make, keep open, and repair their crossings of streets and public roads, and to require them to make, keep open, and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of…

Every first or second class municipality shall have power to require railroad companies to keep flagmen and maintain lights at railroad crossings of streets and provide for the safety of persons and property; to compel them to construct, maintain, and operate gates at railroad cr…